N.Y. General Municipal Law 469 – Approval of attorney general and other state officials
§ 469. Approval of attorney general and other state officials. Prior to and as a condition precedent to its entry into force,
Terms Used In N.Y. General Municipal Law 469
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
1. An interlocal agreement or any amendment thereto shall be submitted to the attorney general, who shall determine whether the agreement or amendment is in proper form and compatible with the laws and public policy of this state. The attorney general shall approve the interlocal agreement or amendment unless he shall find that it does not meet the conditions and requirements set forth herein. He shall report in writing to the governing boards of the contracting public agencies the specific respects in which the proposed agreement or amendment fails to meet the conditions or requirements of law or of public policy. The failure of the attorney general to disapprove an interlocal agreement or amendment within ninety days after receipt of the approvals required by subdivision two of this section, or within such longer period as shall be consented to by the contracting public agencies, shall constitute approval thereof.
2. In the event that an interlocal agreement or amendment thereto shall deal in whole or in part with the receiving, obtaining, providing or furnishing of services, facilities, personnel, equipment, or other property or resources, or the engaging in or performance of functions or activities with regard to which the attorney general shall certify that a department, officer or agency of this state has constitutional or statutory responsibilities, powers, functions or duties or acts as agent of the state in connection with any federal or interstate program, the agreement or amendment shall be submitted to such department, officer or agency, and shall be approved or disapproved by it or him as to all matters within its or his jurisdiction. This approval shall be subject to the same requirements governing the action of the attorney general under subdivision one of this section. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorney general.
3. A legal opinion or opinions must be submitted to the attorney general, in such form as shall be prescribed or approved by him, concerning the authority of the contracting public agency or agencies of the other state or states to enter into the interlocal agreement or any amendment thereto.
4. A copy of the interlocal agreement and of any amendment thereto, certified by the clerk or other appropriate officer of the governing board of the contracting public agency of this state, shall be filed with the county clerk of each of the counties of this state in which such contracting public agency is located; and another copy, similarly certified, shall be filed with the secretary of state of this state.